One of the customs of the day is to dress up, which I assume is no problem for my Jewish brethren in most of the diaspora. But believe it or not, back in 1868 in the now-Jewish “paradise” of New York, it was no picnic!
But not to worry! This was not a manifestation of antisemitism – it was pursuant to an actual law of the day
The law actually made it back in to the news years back, during the Occupy Wall Street protests.
The approach of Halloween together with recent news that the last scheduled criminal case stemming from the arrests of hundreds of Occupy Wall Street protestors had been dismissed, has swung the spotlight of history back on New York’s anti-mask law.
It was one of the first tools used by New York City police to break up the Occupy Wall Street protest when it began in September, two years ago. Within days of donning Guy Fawkes masks, demonstrators were charged by police for violating the anti-mask law, section 240.35(4) of the New York Penal Law. Its origins go back to a statute passed in 1845 to suppress armed uprisings by tenant farmers in the Hudson Valley who were using disguises to attack law enforcement officers.
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The anti-rent movement died out in the mid-1850’s; however, the anti-mask law remained in force. As time passed, the legislature modified it but left its essential provisions in place. For example, in 1882, a person arrested for wearing a mask could still receive a six month jail term but if a judge ruled that the mask wearer was “not a notorious offender,” the sentence might be reduced to six months of hard labor in the county, city, town or village poor house.
The anti-mask law was reenacted in its present form in 1965.
Although…
And how does the anti-mask law affect Halloween activities? Fortunately for all the potential super hero and scary creature look-alikes, the statute does not apply to “a masquerade party or like entertainment,” and it never has. In 1845, the anti-mask law excepted “any peaceable assemblage for any masquerade or fancy dress ball or other entertainment.”
So I am not entirely sure how it could be the basis for the arrest of the Purim revelers. If I had more time, I would look into this further, but I have my own Purim celebrations to prepare for!
